The Sentencing Advisory Panel has today issued another in its series of consultation papers on important issues about sentencing in criminal cases.

Part 1 of the Sexual Offences Act 2003, which is scheduled for implementation on 1 May 2004, contains a total of 54 offences. Some existing offences have been revised or repealed and a number of new offences have been introduced. 42 offences were discussed in the consultation paper published on 12 February; the remaining 12 offences, which relate to trafficking for sexual exploitation and exploitation through prostitution and pornography, are the subject of a second consultation paper, published today.

As in Paper 1, the Panel has sought to structure its proposed sentencing guidelines in a way that links custodial and non-custodial sentences to the seriousness of the offending behaviour. The extent to which exploiting someone for gain increases the seriousness of offending behaviour and the different approaches that might be adopted depending on levels of coercion and corruption and whether commercial activities involve children, young people aged 16 and 17 or adults, are among the key issues on which the Panel is inviting responses.

The Panel is anxious to hear as many views as possible.

Responses to the consultation paper should be received by Friday 23 July 2004.

Notes for editors

1. The Sentencing Advisory Panel is an independent advisory and consultative body constituted under sections 80 and 81 of the Crime and Disorder Act 1998. The Panel is sponsored by the Home Office and the Department for Constitutional Affairs. It started work on 1 July 1999. Its function, prior to implementation of the relevant provisions in the Criminal Justice Act 2003, was to provide fully researched, objective advice to the Court of Appeal to assist the Court when it frames or revises sentencing guidelines.

2. The Criminal Justice Act 2003 established a new Sentencing Guidelines Council to take over responsibility for issuing sentencing guidelines. By virtue of measures implemented on 27 February 2004 the Sentencing Advisory Panel is now required to submit its advice to the Council rather than to the Court of Appeal. The Panel is able to offer advice on general sentencing principles as well as specific offences.

3. Part 1 of the Sexual Offences Act 2003, which will come into force in May 2004, implements, with some relatively minor changes, the recommendations stemming from the Home Office review of sex offences which were published in the report Setting the Boundaries. The Act creates a number of new offences, as well as redefining some existing offences and, in some instances, changing the maximum penalties.

4. The Panel believes it would be helpful for the Sentencing Guidelines Council to issue sentencing guidelines on the whole range of sexual offences, for use by sentencers when the new legislation is in force. In its first consultation paper, the Panel considered what general principles might be applied in assessing the seriousness of an individual sexual offence and the relative seriousness of different offences; these considerations are equally relevant to the offences covered in this paper. Paper 2 considers in detail the specific features of each sexual exploitation offence (or group of offences) and suggests starting points or principles for sentencing and the aggravating and mitigating features that may influence the disposal in any individual case.

5. The Panel's most recent proposal, that the Court of Appeal should frame a sentencing guideline on alcohol and tobacco smuggling, was published on 10th July 2003. The Court of Appeal issued a sentencing guideline, based on the Panel's advice, in the case of Czyzewski and others on 16th July 2003. Over the last two years, the Court of Appeal has also made use of the Panel's advice in guideline judgments on causing death by dangerous driving (in Cooksley and others on 3 April 2003); offences involving child pornography (in Oliver and others, 21 November 2002); on rape (in Millberry and others, 9 December 2002); and on domestic burglary (in McInerney and Keating, 20 December 2002).

6. The Panel is planning to publish its first advice to the Sentencing Guidelines Council, on the topic of sentencing for Robbery, in the next few weeks.

7. Copies of the consultation paper may be obtained from: Gareth Sweny, Sentencing Guidelines Secretariat, Room G11, Allington Towers, 19 Allington Street, London SW1E 5EB. The document is also available on the Panel's website: www.sentencing-advisory-panel.gov.uk

8. For more information, contact Lesley Dix, Secretary to the Panel on 020 7035 5185. The Sentencing Advisory Panel has today issued another in its series of consultation papers on important issues about sentencing in criminal cases.